My Lordship, may I/it please the court
INTRODUCING YOURSELF & OPPONENT
- I’m (ur name) appear with (junior counsel's name) for the prosecution or
I’m (ur name) and beside me my learned colleague/my learned junior (junior counsel's name). We are representing the prosecution.
- My learned friend ( ) appears with
( ) for the
defence counsel of the accused persons.
ASKING COURT LEAVE
- With my Lord’s leave, my
learned colleague/ junior will be addressing my Lord on the issues of the power
of the public prosecutor to amend charge and power of court to invoke Section
158 of the Criminal Procedure Code.
*once you've introduced ur opponent, then please mention
them as “my learned friend”
WHAT IS THE THING THAT U WISH TO SUBMIT BEFORE THE COURT
- My Lord, prosecution here
humbly seek to this honorable court an application to amend the charge to
certain accused persons, namely, Ah Moi, Muthu and Ahmad from charged under
section 302 of the Penal Court for murder with common intention under section
34 of the Penal Code to section 304 (First Limb) of the Penal Code for culpable
homicide not amounting to murder with common intention under section 34 of the
Penal Code.
IN CASE THE JUDGE WERE GIVEN A BUNDLE OF AUTHORITY
- My Lordship, may prosecution
confirm whether my Lord had received upon those my authority case
REMIND THE JUDGE ON THE FACTS OF THE CASE
- would my Lordship like to be
brief on the facts of the case
HINT: ayat boleh guna sebelum say or do something
-May it please you My Lord
-with your Lordship’s leave
START
SUBMISSION
- With your Lordship’s leave,
shall prosecution proceed with the submission?
HINT :
REFERRING TO DOCUMENTS
- May I invite My Lord’s
attention to exhibit X
- Might I take your Lordship to
page ( )
*in case, if judge had difficulty in finding a documents
- Is My Lord is with me at
paragraph ( ) at page ( )
*If intends to read from a document
- With My Lord’s leave, if I
might be permitted to read from paragraph 3…
HINT:
REFERRING TO AUTHORITIES
- As to the law on this
proposition, may I invite my Lady to the prosecution bundle of authorities? It
appears at page ( ). It is a decision
of the Supreme Court in the case of ( ) and is
cited as [1977] 1 AMR 612
- I will not trouble my Lord with
pages 25 and 26, but there is a passage on page 28 that is relevant to our
point of arguments
HINTS TO START THE SUBMISSION
- Therefore, my Lord, on the
facts and the law, it is my submission that…..
- The argument I would therefore
advance, my Lord, on the facts of the case is that firstly, the issue of
provocation. Secondly, on the issue of absence of mens rea
HINTS:
WAYS TAKING QUESTIONS
- I take my Lord’s question, it
might be clearly addressed after I have finished my part of submission
- With my Lord’s indulgence, what
is troubling my Lord will be addressed later in my submission
- Might I take my Lord’s point a
little later
*if judge insist
on immediate answer
- May I deal with my Lord’s
concern immediately? The answer may be found in…..
HINTS: TO DEFER JUDGE/ OPPONENT SAYING
- I beg to defer!
HINTS :
NO/ YES
- Indeed! (stand for YES)
- My apologies! (stand for NO)
CLOSING
SUBMISSION
- My Lord, I would like to seek
the permission of the court to proceed with the prayer for relief
- Much obliged!
- My Lord, based on the above
mentioned counts that prosecution have submitted, prosecution humbly pray to
this honorable court that based on the evidence/exhibit tendered in court, the
prosecution believe that the conviction for Muthu, Ah Moi and Ahmad directed
more to and fulfilling the elements of conviction under section 304 (First
Limb) of the Penal Code.
- Therefore, prosecution humbly
pray to the court to amend the charge
under section 302 of the Penal Code to section 304 (first limb)of Penal Code to
certain accused person, namely, to Ah
Moi, Muthu and Ahmad
- With My Lord’s leave, prosecutions
humbly pray to the court to grant to the prosecution to produce a copy of the
amended charge to the three accuse person and mark the amended charge as an
exhibit.
CLOSING REMARKS
- Your Lordship!
- If there is no further
inquiries as regards the prosecution submission on this issue proof upon the
court
- The prosecution wishes to take
a retreat and give a way to our learned friend to resume their submission
- Much obliged, My Lord!
